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Patron Spirits International's shot across the bow misses the mark in protecting PYRAT's territory in rum market
International premium spirit giant Patron Spirits International, owner of the mark PYRAT in Class 33, has been unsuccessful in preventing Australian distillery and retail distributor Fernbrew Pty Ltd from registering the mark THE PIRATE BAY RUM COMPANY in Class 33. Among other things, the registrar’s delegate assessed the visual similarity between the marks as "virtually non-existent".
In adidas America Inc v Skechers USA Inc, the US Court of Appeals for the Ninth Circuit has affirmed in part and reversed in part the district court’s preliminary injunction prohibiting Skechers from selling two styles of shoe that allegedly infringed and diluted adidas’ Stan Smith trade dress and three-stripe trademark.
Toys-R-Us brand auction, EUIPO targets scammers and China’s crackdown on World Cup fakes: news round-up
In our latest round-up, we look at Harry Potter fans' upset at cease-and-desist letters related to fan festivals, the Benelux trademark reform that has come into force, how China is cracking down on World Cup fakes and the changing value of food brands.
In Christian Louboutin SAS v Abubaker, the Delhi High Court has dismissed Louboutin's request for an injunction against Abubaker for trademark infringement and passing off based on its registered ‘red sole’ marks. The court held that Louboutin's use of a single colour for a shoe sole did not qualify as a trademark under the Trademarks Act 1999.
In a blow for rights holders, the UK Supreme Court has decided that internet service providers (ISPs) should not bear the implementation costs for website blocking orders. Although the court endorsed the availability of blocking orders for rights holders, it reversed the costs position, finding that rights holders should indemnify the ISPs for the reasonable costs of implementing the orders.
In Variety Stores Inc v Wal-Mart Stores Inc, the US Court of Appeals for the Fourth Circuit has reversed summary judgment in a trademark infringement dispute over the use of the term 'Backyard' on grills, finding that the district court had erred because there were genuine issues of disputed fact concerning key factors in the 'likelihood of confusion' analysis.
During a session at last week’s ECTA Annual Conference, experts made some bold often startling predictions on where they see the trademark industry in 10 years. While some were unsurprising, such as how artificial intelligence and automation will improve efficiency, there were some unexpected suggestions, including how the role of law could change in the future.
ICANN steps up GDPR clarity bid, Squire Patton Boggs resolves China dispute, and insights from ECTA 2018: news round-up
In our latest round-up, we look at various insights from ECTA’s 37th annual conference, Squire Patton Boggs resolving a dispute in China over use of its name and related domain name, a potential disagreement between Jack Daniel’s and a Chambord estate, the Financial Times winning a trademark dispute, and how domain registrations for sports betting are on the rise.
The 2018 FIFA World Cup gets underway in Russia today, and major brands sponsors and non-sponsors alike have already kicked off efforts to benefit from the buzz surrounding the tournament. Meanwhile, the authorities have commenced policing for infringement, with the Federal Antimonopoly Service having initiated cases centred on the misuse of FIFA’s marks.
In Martinez t/a Prick v Prick Me Baby One More Time Ltd t/a Prick, the Intellectual Property Enterprise Court has held that there was no passing off by a shop selling cacti under the name Prick of goodwill arising from tattooing and piercing services offered under the same name. The court considered that the burden of demonstrating a misrepresentation in this case, given the very different fields of activities, was "a heavy one".
Proposed amendments to Trademarks Act's border enforcement provisions - what rights holders should know
The Intellectual Property (Border Enforcement) Bill was recently introduced in Parliament. Among other things, it aims to give effect to Singapore's obligations under the European Union-Singapore Free Trade Agreement to strengthen border enforcement measures against infringing goods, and to circumscribe new powers for Customs to procure and provide information concerning seized goods.
The UK Supreme Court has handed down its decision in the Cartier website blocking case, siding with internet service providers (ISPs) and ruling that brand owners should indemnify ISPs for the costs of implementing blocking injunctions. While a blow to rights holders, industry commentators argue that such injunctions remain a key weapon in the fight against online infringement.
In Horowitz v 148 South Emerson Assocs LLC, which involved a licence agreement for use of the SLOPPY TUNA trademark for a restaurant, the US Court of Appeals for the Second Circuit has addressed for the first time whether attorneys’ fees should be included in an award of costs under Federal Rule of Civil Procedure 41(d).
New Andean Tribunal of Justice ruling on prejudicial interpretations - why the trademark community should take note
The Andean Tribunal of Justice has issued a ruling regarding requests for a prejudicial interpretation which allows the parties involved to participate in the process. Rights holders should take note of this development, as the mechanism of prejudicial interpretation concerns industrial property in the countries of the Andean Pact.
World Cup ambush marketing warning, muppet lawyer speaks out, and brands urged to get political: news round-up
In our latest round-up, we look at Velcro Companies releasing a new music video, a law professor fighting to keep Rapunzel trademark public, the Germany whisky that may sound too Scottish, a warning about counterfeit electrical products, and a study that finds the vast majority of consumers want brands to speak up about political and social issues.
South Korea rockets to top of customs ranking; illicit trade report reveals countries that need to do more
The Global Illicit Trade Environment Index, launched simultaneously in Hong Kong, Brussels and Panama City, scores 84 economies on the extent that they enable or prevent illicit trade. While taking a broad look at illicit trade, the report contains useful insight on the anti-counterfeiting landscape.
The new Law on Intellectual Property 38/NA, which introduces an opposition procedure for trademark owners, will become effective 15 days after its publication on 25 May 2018. Previously, if a trademark owner considered a mark to be confusingly similar to its own, the only possibility was to file a cancellation request with the Department of Intellectual Property once the mark was registered.
The EUIPO has released a new report, compiling research since 2013, to present a comprehensive and updated picture of the scope and impact of IP rights infringement in the European Union.
The new Law on Customs Measures for the Protection of Intellectual Property Rights has now entered into force in Kosovo, introducing important changes intended to align local customs procedures with Regulation 608/2013. Among other things, the new law further streamlines the simplified procedure for the destruction of counterfeit goods and introduces the small consignment procedure.
A new IP law will come into force in the Southeast Asian nation of Laos this weekend, introducing trademark opposition procedures to the country for the first time. The new law stipulates the creation of a new digital platform for brand rights and expands the range of images eligible for trademark protection in the jurisdiction, among other things.
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